Florida/Georgia Personal Injury & Workers Compensation

...ting his former testimony that the man who made the slashing gesture was not on the jury. Curtis has invoked his Fifth Amendment privilege against self-incrimination, and jurors cannot be called to testify to matters that inhere to the verdict under section 90.607(2)(b), Florida Statutes (1987)....

...ermine exactly what type of information will be elicited from the jurors, because Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....

...m." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2d DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....

...These conclusions rested in part on the following relevant portion of Florida's Evidence Code: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....

...that a verdict cannot be subsequently impeached by conduct which inheres in the verdict and relates to the jury's deliberations." Mitchell v. State, 527 So.2d 179, 181 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988); accord § 90.607(2)(b), Fla....

...of the crime. [2] Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). [3] Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). [4] Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985). [5] Section 90.607(2)(b), Florida Statutes (1985), provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.

...s by jurors. Any effort to devise such a test is complicated by the fact that Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. [8] § 90.607(2)(b), Fla....

...m." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2d DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....

...(1987) (Law Revision Council Note — 1976) (emphasis added). See Maler ex rel. Maler v. Baptist Hosp., 559 So.2d 1157, 1162 (Fla. 3d DCA 1989) (discussing application of this principle). Obviously, any test that required proof or disproof that jurors actually were prejudiced would quickly run afoul of section 90.607(2)(b)....

...We agree with the test formulated by the Fifth Circuit and adopted by the Eleventh, finding that it best comports with both Florida law and the constitutional rights of defendants. This rule avoids the problems of a test that demands inquiry into the thought processes of jurors — a practice forbidden by section 90.607(2)(b) of the Florida Evidence Code....

...als that jurors did not consult, Trotter, especially when those materials are irrelevant to the factual and legal issues. Beard. We commend the trial court for seeing that jurors were not questioned regarding their mental processes and thoughts. See § 90.607(2)(b), Fla....

...The trial court stated that "one of the jurors had contraband in the juryroom [during] the penalty phase." However, the resolution of this case would be the same whether or not Kevilly was present during deliberations. [3] We note that the questions posed to the juror were constrained by the requirements of section 90.607(2)(b), Florida Statutes (1987), which prohibit inquiry into jurors' thought processes....

...1st DCA 1989), review denied, 545 So.2d 1366 (Fla. 1989). The Doutre court, however, clearly erred in this holding. The Doutre court permitted an improper inquiry into the thought processes of jurors and then based its finding on this inadmissible evidence. See § 90.607(2)(b), Fla....

...4th DCA) (mem.) (Downey, C.J., & Cross, J., specially concurring), cert. denied, 364 So.2d 887 (Fla. 1978). [8] The statute provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....

...Sireci also claims reversible error in the trial court's refusal to poll the jurors concerning their use of the knowledge of the prior death sentence. We note only that the Evidence Code prohibits judicial inquiry into the emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....

...A juror is not competent to testify about matters inhering in the verdict, such as jurors' emotions, mental processes, or mistaken beliefs. See Baptist Hosp. v. Maler, 579 So.2d 97, 99 (Fla. 1991); State v. Hamilton, 574 So.2d 124, 128 (Fla.1991); see also § 90.607(2)(b), Fla....

...discovered evidence establishes that execution by electrocution is cruel or unusual punishment. [3] Huff v. State, 622 So.2d 982 (Fla.1993). [4] The woman purportedly called Mr. Smith in reference to one of his clients, to whom she was related. [5] Section 90.607(2)(b) provides: (b) Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....

...the defense such that, without the errors, there is a reasonable probability that the balance of aggravating and mitigating circumstances would have been different.'"). [14] Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). [15] § 90.607(2)(b), Fla....

...The Florida Evidence Code codifies the sanctity of the jury verdict by providing that "[u]pon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment." § 90.607(2)(b), Fla....

...ides that any inquiry into matters that "inhere in the verdict" is prohibited: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment. § 90.607(2)(b), Fla....

...yed no part in the verdict. [3] The trial court clearly erred by asking the jurors whether the expressed concern factored into their decision-making process and by relying on their assurances as a basis for denying Wilding's motion for mistrial. See § 90.607(2)(b), Fla.Stat....

...sanctity of the jury verdict by providing that `[u]pon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment.'" 717 So.2d at 502 (quoting § 90.607(2)(b), Fla....

...Hamilton, 574 So.2d at 129 (quoting United States v. Howard, 506 F.2d at 869 (alteration in original)). [3] In applying this test, courts must take into account Florida's Evidence Code which forbids any judicial inquiry into the emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....

...In addition, the trial judge compounded the error when she questioned jurors about the article. Although it was appropriate to conduct a hearing, the trial court should not have asked two jurors how the article affected their decision-making process. See § 90.607(2)(b), Fla....

...State, 569 So.2d 1225 (Fla. 1990), cert. denied, 501 U.S. 1259, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991). [2] Richard Lacayo, Law: Whose Trial Is It Anyway? Defense Lawyers Raise Hackles by Attacking Victims and Prosecutors, Time, May 25, 1987, at 62. [3] Section 90.607(2)(b), Florida Statutes (1987), provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....

...idence and the testimony of a juror at Songer's trial that she believed she could only consider the statutorily enumerated mitigating factors. Regarding the testimony of the juror, the trial judge properly determined that it was not admissible under section 90.607(2)(b), Florida Statutes (1983), which provides: Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment....

...view, when the jurors informed the court they feared retribution from Miles. "Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter which essentially inheres in the verdict or indictment." § 90.607(2)(b), Fla....

...res in the verdict. 854 So.2d at 1240; see, e.g., McAllister Hotel, Inc. v. Porte, 123 So.2d 339, 344 (Fla. 1959); Russ v. State, 95 So.2d 594, 600 (Fla. 1957). Moreover, a juror is not competent to testify about matters which inhere in the verdict. § 90.607(2)(b), Fla....

regarding any matter which “inheres in the verdict.” § 90.607(2)(b), Fla. Stat. (2013) (“Upon an inquiry into

...Therefore, the courts have strictly limited the situations where interviews of jurors are allowed. See Devoney v. State, 717 So.2d 501 (Fla.1998) (" Devoney II "). In Devoney II, the supreme court held that a juror may not be asked about any matter that "inheres in the verdict." Id. at 502 (quoting section 90.607(2)(b), Florida Statutes (1993))....

...Allstate Insurance Company, 650 So.2d 354 (Fla. 1995), reaffirmed the holding in its Maler decision. The court found the making of racial jokes and racially biased statements by jurors to each other to be overt acts of misconduct rather than misconduct which inheres in the verdict. Thus, section 90.607(2)(b), Florida Statutes (1993), prohibiting judicial inquiry into matters which essentially inhere in the verdict, is not violated by an inquiry of this nature....

...his own behalf. This same juror made a statement to the effect that an innocent man would have testified at trial. Appellant claims that these two allegations warrant a court order authorizing defense counsel to interview the jurors or a new trial. Section 90.607(2)(b), Florida Statutes (1997), states that "[u]pon an inquiry into the validity of a verdict ..., a juror is not competent to testify as to any matter which essentially inheres in the verdict....

...ermine exactly what type of information will be elicited from the jurors, because Florida's Evidence Code, like that of many other jurisdictions, absolutely forbids any judicial inquiry into emotions, mental processes, or mistaken beliefs of jurors. § 90.607(2)(b), Fla....

...." Velsor v. Allstate Ins. Co., 329 So.2d 391, 393 (Fla. 2nd DCA), cert. dismissed, 336 So.2d 1179 (Fla. 1976). However, jurors are allowed to testify about "overt acts which might have prejudicially affected the jury in reaching their own verdict." § 90.607(2)(b), Fla....

...If this burden is met, the defendant will be entitled to a new trial unless the state can show that the misconduct was harmless. Baptist Hosp.; Miles. A juror interview is not permitted regarding inquiry into any matter that inheres in the verdict and relates to the jury's deliberations. § 90.607(2)(b), Fla....

...2002) (affirming denial of mistrial where three jurors discussed the case during a break from deliberations because “no nonjuror participated in the discussion, there was no indication that the jurors were otherwise improperly discussing 1Similarly, section 90.607(2)(b), Florida Statutes, does not permit inquiry into any matter which inheres in the verdict. 6 extraneous evidence, and the discussion took place during a short break from ongoing deliberations”); United States v....

...st petition proceeding and cannot be considered in the instant petition. Under both federal and state law, a juror cannot testify as to matters which were inherent in the deliberative process and which led to a verdict. Fed.R.Evid. 606(b); Fla.Stat. § 90.607(2)(b) (1983)....

210 (Fla.1992). Codifying this principle, section 90.607(2)(b), Florida Statutes (2010), provides that

than 25% less than a prior offer of judgment. Section 90.607(2)(b), Florida Statutes (1995), forbids any

essentially inheres in the verdict or indictment.” § 90.607(2)(b), Fla. Stat. (1999). Consistent with the

questioning of the juror must be consistent with section 90.607(2)(b), Florida Statutes (2020), which provides:

essentially inheres in the verdict or indictment.” § 90.607(2)(b), Fla. Stat. (1993). This rule forbids any

see also Hamilton, 574 So.2d at 128 (citing section 90.607(2)(b), Florida Statutes (1987), of the Florida

v. Hamilton, 574 So.2d 124, 128 (Fla.1991), Section 90.607(2)(b), Florida Statutes, forbids absolutely

mistaken beliefs.” Martin, slip op. at 21 (quoting § 90.607(2)(b) and then quoting Marshall v. State, 854

these matters cannot be used to impugn a verdict. § 90.607(2)(b), Fla. Stat. (1999); Devoney, 717 So.2d at

than 25% less than a prior offer of judgment. Section 90.607(2)(b), Florida Statutes (1995), forbids any

essentially inheres in the verdict or indictment.” § 90.607(2)(b), Fla. Stat. (1999). Specifically, it would

State, 786 So.2d 1227 (Fla. 4th DCA 2001). Section 90.607(2)(b), Florida Statutes (2003), says specifically:

processes, or mistaken beliefs of jurors, [f.o.] § 90.607(2)(b), Fla. Stat. (1987) (Law Revision Council

a criminal case nor competent to testify. See § 90.607(1)(a), Fla. Stat. (2012) (“Except as provided

...Receipt of non-record information concerning the amount of the prior verdict is an overt act “‘which might have prejudicially affected the jury in reaching their own verdict.’” Baptist Hosp. of Miami, Inc. v. Maler, 579 So. 2d 97, 99 (Fla. 1991) (quoting § 90.607(2)(b), Fla....

v. State, 527 So.2d 179 (Fla. 1988). See also § 90.607(2)(b), Fla. Stat. (2015) (providing that “[ujpon

underlying the previously cited case law as well as section 90.607(l)(a), Florida Statutes (1989), which provides

2d at 502; Hamilton, 574 So.2d at 128; see also § 90.607(2)(b), Fla. Stat. (2009). We know from our record

97, 99 (Fla.1991) (citing § 90.607(2)(b), Fla. Stat. (1987)). Section 90.607(2)(b), Florida Statutes (2013)

97, 99 (Fla. 1991) (citation omitted); see also § 90.607(2)(b), Fla. Stat. (2017). This includes inquiries

unauthorized material on the verdict in light of section 90.607(2)(b), Florida Statutes (1993), which provides

(emphasis added) (citing § 90.607(2)(b), Fla. Stat. (1987)). Indeed, section 90.607(2)(b), Florida Statutes